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Fall 2011 secondary sources powerpoint



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  • 1. Secondary Sources
    Legal Research
    Fall 2011
    Graham Bateman
  • 2. Types of Secondary Sources
    Legal Encyclopedias
    American Law Reports (ALR)
    Law Review Articles
  • 3. Types of Legal Encyclopedias
    General – includes state and federal laws
    American Jurisprudence (Am Jur) (W & L)
    Corpus JurisSecundum (CJS) (Westlaw)
    State-specific (not a true encyclopedia)
    Louisiana Civil Law Treatise
    Encyclopedia of Crime and Justice
  • 4.
  • 5. Browse/Search Table of Contents or full-text
  • 6. Look at nearby sections to see if any are of interest and look for definition or purpose sections
  • 7. Switch back to TOC view.
    Title of article
  • 8.
  • 9. Search full text – or by citation or by TOC
  • 10.
  • 11. Return to TOC
  • 12. Louisiana Civil Law Treatise - Louisiana focused
    Similar to a legal encyclopedia
    Sets contain– Civil Procedure, Property, Torts, Business Law, Trusts, Successions, Criminal Law, Evidence, Family Law, Workers Compensation, Business and Family Law
    Print finding aids
    Indexes – in each set and combined index
    Combined table of cases
    Available on Westlaw (LACIVL)
    Each set individually or in a combined database
  • 13.
  • 14.
  • 15.
  • 16. Civil Law Treatise
  • 17. Civil Law Treatise Index
  • 18. Treatise Index Terms
  • 19. Civil Law Treatise
  • 20. ALR
    Hybrid of reporter and journal – contains full text of “lead case” and an article
    In-depth description of a narrow area of law
    Contains a Table of Cases and Statutes arranged by state
    Available on Westlaw
    TIP: In print, always use the multi-volume index rather than the 1 volume Quick Index as it references more articles
  • 21. Updating Article
    In print – use pocket parts but also look for newer articles on same subject that may supersede your article
    On Westlaw
    Updated automatically by adding new cases
    Original date of article does not reflect how current the information is
  • 22.
  • 23. New case citations added on frequent basis.
  • 24. 1. Note date of original publication of annotation text.
    2. General TOC
  • 25. Outline of article
  • 26.
  • 27.
  • 28. Cum. Supp. Immediately follows main annotation.
  • 29. Books
    Thorough treatment of a single topic
    Different types of legal books:
    Written with little legalese and no footnotes
    More indepth discussion with footnotes
    More scholarly, thorough treatment of issue
    Heavily footnoted
    Some books available electronically but many others are only available in print
  • 30. How to Find Books in our Library
    Use LSU Law Library Catalog
    If you know the author’s name, use Author
    If you know the title, use Title
    TIP: If you only have a topic, use Keyword, NOT Subject
    Keyword searches the subject headings plus the Title and the Notes fields
    If find a relevant book, look at the subject headings and click relevant subject to find more books with the same subject heading
  • 31.
  • 32.
  • 33.
  • 34. Having Trouble Finding Books in our Library?
    Broaden your search
    Use more general search terms (ex: use “real estate” rather than “easement”)
    Search World Cat from Law Library screen to see what other libraries have
    Then visit local libraries or use inter-library loan
    Search for electronic books
    Library’s website
    Internet (excerpts or FT)
    Lexis and Westlaw – have some practitioner titles that we don’t have in the library
  • 35.
  • 36.
  • 37.
  • 38.
  • 39.
  • 40.
  • 41.
  • 42. Access books via “Area of Law”, by jurisdiction, or “Secondary Legal”
  • 43.
  • 44.
  • 45. Restatements
    Summarizes a common law area; sorts out the differences in the cases across the country
    Published by American Law Institute (ALI)
    Members are nominated and voted in
    Written by expert(s) in the field and discussed by all members of ALI
  • 46. Structure of Restatements
    Each section has:
    Rule of law
    Comments and illustrations (discuss how to apply the rule)
    Reporter’s notes (provides background and history)
    Summaries of cases which have applied rule in appendix volumes
    Reminder: Always read rule before looking at case summaries
  • 47. Ease of Use
    Can be confusing to determine what is in effect
    Tentative drafts, new series
    Case summaries are in different volumes that cover a span of years
    Pocket part updates
    TIP: Lexis and Westlaw are easier to use, with links to various parts and b/c case summaries are all gathered together
  • 48. This is the actual rule
  • 49.
  • 50. All the case summaries are together. In print, they are in different volumes.
  • 51. See case citations or read the rule with associated comments
  • 52. Read Reporters Notes
  • 53. Click on next to page through case citations.
    Can also see rule.
  • 54. Law Review Articles
    In-depth, thorough analysis of narrow legal issue
    Description, analysis, explanation, and suggestion of alternative approach to law
    Typically authored by professors; also attorneys and judges
    Contain citations to primary materials and other secondary sources
  • 55. Finding Articles – Indexes
    Index to Legal Periodicals & Books (ILP)
    Current Law Index (CLI)
    Legal Trac
    Search Tips: Use Advanced Search Option and unclick default Full-Text search option
    Index to Legal Periodicals Retrospective
    Index to Foreign Legal Periodicals
  • 56. Finding Articles with Citation
    Do a Title search in Law Library Catalog
    Search the Journal title, not the article title
    Still receiving it in print?
    Hein Online – click on hyperlink and use citation search option in upper right hand corner of screen
    Get a document
  • 57.
  • 58. Note latest volume on Hein Online is v.42.
    Look up specific article by citation.
  • 59. Finding Articles – Full Text
    Hein Online
    Other electronic FT journals (over 8000!!)
    Academic OneFile
  • 60. Coverage Reminder!!
    Pay attention to the dates of coverage of the various indexes and full-text databases
    Lexis and Westlaw
    Coverage varies; earliest is 1980
    Hein Online
    Begins with volume 1 for most journals
    ILP and CLI
    Begins in 1980 and 1981 respectively
    Index to Legal Periodicals Retrospective
    Coverage 1918-1981
  • 61. Hein Online
    PDF images of articles
    Starts with volume 1 for most journals but does not have current volume
    Can access via Library Catalog or library Databases page
    Printing TIP: use PDF option, not HPrint
    You can look at article in PDF and decide which pages to print
    Search TIP: Search engine is not very good; easier to do citation source
  • 62.
  • 63.
  • 64. Important Reminders
    Always read the primary materials referred to in the secondary sources!!
    Author may have mis-stated the law or law may have changed
    Do not solely rely on the primary authorities identified in the secondary sources
    Research primary materials independently as well
    Update the statutes and cases mentioned (Shepards and Keycite)